The U.S. Department of Agriculture announced last week that it will increase funding for its climate-smart agricultural programs from an initial $1.4 billion to $7.7 billion. The Administration says the programs promote sustainable agriculture practices and benefit both the environment and rural economies. However, there are growing concerns that these programs may create legal and financial traps for landowners who sign up.
The USDA wants to encourage farmers and ranchers to adopt conservation practices the agency says will reduce environmental footprints. The funds will support projects that improve soil health, enhance carbon sequestration, and promote sustainable grazing.
The agency said in a press release that its “climate-smart partnerships” are voluntary, and "will foster collaboration between federal, state, and local entities.”
Easements: A Double-Edged Sword
Landowner advocates are sounding alarms about the risks for farmers, ranchers and others who enter into all government-directed land easements, which are a central feature of federal conservation programs. Under the agreements, landowners voluntarily restrict future uses of their properties in exchange for financial incentives or tax breaks.
The American Stewards of Liberty warns that landowners could be “entering into a trap” if they agree to the easements. According to group, landowners who enter the programs are often unaware of the restrictions that will be placed on their land, "including potential loss of management control and resale value.”
The Legal and Economic Risks for Landowners
The easements typically last for decades or even indefinitely, and bind landowners to restrictions on their ability to manage, sell, or develop their properties in the future. The American Stewards of Liberty argues that even under voluntary programs, landowners often find themselves trapped in contracts that can become more restrictive over time as new regulations and government mandates are added.
Landowners may sign an easement agreement based on certain practices required today, but evolving climate policies could lead to additional requirements in the future. The American Stewards of Liberty warns that "federal agencies have a history of changing the rules mid-game, adding new requirements after contracts are signed.”
Land easements can dramatically reduce the marketability of a property. Once an easement is placed on land, potential buyers may be deterred due to the restrictions on how the land can be used or developed. Even if a buyer is found, the property’s value could be substantially lower than similar land without easement restrictions.
According to ASL, landowners often "are not fully informed about the potential future liabilities,” and can "end up with land that is worth less and harder to manage.”
For many farmers and ranchers, the allure of financial incentives in the face of economic pressures may be difficult to resist. Yet, the risk of being locked into a long-term agreement that limits future flexibility may outweigh these short-term rewards.
